What are the most significant cases or transactions that your legal team has recently been involved in?

The legal team at the AFC comprises units within the areas of corporate, commercial and intellectual property; sports legal services; disciplinary and governance; integrity; and sports medicine and oversees a broad range of matters relating to the AFC’s administration, competition and events.

In recent times, the team has worked on an extensive scale of matters because of the Covid-19 pandemic which caused disruption across many, if not all, industries including the sports sector. The imposition of restrictions and bans impacting the movement of persons and goods, affected the ability of teams and member associations to participate and/or host competitions. During the height of the pandemic, matches and competitions had to be postponed, rescheduled or in certain instances, even cancelled. This required the AFC to assess the impact of the pandemic and consider appropriate measures to minimise the same, considering the welfare of all stakeholders whilst balancing the need to ensure continuity of our competitions and events.

Within the context of the corporate, commercial and IP unit, we undertook a rigorous contract review process to identify and ascertain the impact of the postponement, rescheduling or cancellation of our competitions and events under our respective agreements and engaged in constructive dialogues with our partners to manage and mitigate the impact of the same. Due to the restrictions and regulations in place impacting the ability of countries from hosting competitions, we also worked with all related-business units on the implementation of compact yet comprehensive bidding processes to shortlist and appoint new hosts for our competitions. This exercise included the preparation and finalisation of all related hosting agreements and documentation.

The various units within the legal department also worked together to reassess our regulations and policies and, where required, sought to amend and draft provisions in respect to the same to provide for matters arising due to the pandemic. Special protocols and rules setting out obligations and requirements on matters relating to the health, safety and wellbeing of all related stakeholders, were also developed and implemented in the process. Although challenging, the range of matters in which we managed and worked on during this period proved to be a learning curve and served to provide the team with the necessary experience in managing matters of such a nature and scale.

As we enter the next decade, what skills will a corporate legal team need to succeed in the modern in-house industry?

Legal teams will require certain additional skillsets to help prepare them for the demands of the present work culture. As with the study of law, the role of a legal team too must evolve with the times if it is to remain significant and progressive.

Modern-day in-house needs have continued to develop and grow exponentially as present-day legal counsels will have to take on more business and strategic roles in their day-to-day affairs in comparison to the more conventional role of merely undertaking the drafting, negotiation and formalisation of agreements.

This allows for businesses and organisations to plan and manage their activities effectively with minimal setbacks, as in-house counsels will be sought to provide guidance and advisory on concepts and ideas from the planning phase allowing for risks and mitigation strategies to be identified and considered from the outset.

Possessing and being adept with strong business acumen, also allows in-house counsels to understand the needs and challenges of a stakeholder which can then be considered and channelled towards the drafting and negotiation of terms. It also helps equip counsels with the concept of balancing the need to uphold the principles of good governance whilst considering the overall commercial interest and objectives of the organisation.

Emotional intelligence (EQ) will also be regarded and recognised as a highly valuable attribute, particularly in noting the expansion of functions of an in-house counsel. Where once a skill centred around customer-facing roles, EQ can help enhance the profile of a counsel as it enables open engagement and communication amongst internal and external stakeholders and allows for matters to be considered more empathetically in the best interest of the organisation.

Developing and nurturing EQ traits within an in-house team also helps cultivate a positive working environment allowing for peers to build trust and comradeship which can have an impact on the performance of their tasks and duties.

Legal teams will also have to learn to adapt as the professional landscape continues to evolve. The recent Covid-19 outbreak, required many of us to come out of our comfort zones and embrace a new working norm, in ways in which most of us were never or hardly accustomed to.

As we now return and settle-in to a degree of normalcy, it’s essential that we continue to use and consider methods and tools that can assist us in enhancing the effectiveness and efficiency of our daily affairs. Technological tools have enabled us to collaborate efficiently regardless of geography or location, through use of virtual communication tools. AI powered tools can also serve to aid and provide guidance to counsels on basic legal principles and concepts as compared to undertaking research through conventional means which can at times prove onerous.

Suffice to say, learning is a continuous journey and allowing ourselves to acquire new skills as we progress will help enhance our personal and professional growth.

What are some of your main tips for dealing with a crisis?

It is easy to be swept-up in the swing of matters when a crisis hits. Despite having proper business continuity or crisis management plans, individuals are often caught off guard when a crisis strikes. Experience, as well as intellectual and emotional intelligence plays a significant role in crisis management as it allows us to absorb and comprehend the scale of matters without reacting instantaneously. When dealing with a crisis, it is important that we first understand and digest the matter at hand. Identify the scope and various areas in which the said crisis could potentially impact and engage with ones’ superior or experienced peers to discuss the same. External support may be sought to provide perspective, strategic views and insight on the decision-making process. Depending on the severity of matters, it is also crucial to ensure that the crisis is kept in check and does not escalate further and quickly in the absence of immediate action. Proper mitigation strategies such as effective communication plans should be deployed in hope of minimising any damage to the image and goodwill of the organisation as a result.

In assessing matters, it is also key to follow any due processes and procedures that have been implemented for dealing with a crisis of such a nature, and in the absence of which, all invested-parties should seek to determine the most feasible course of action, taking into account amongst other matters, any necessary mitigation and contingency plans and to identify the risks involved in any approach we intend to pursue. As a crisis that is not managed well can quickly escalate and elevate the risk exposure of an organisation, matters that are discussed during crisis management should be kept confidential and only shared amongst the core team. This will help keep a business and its daily operations intact as employees will not be thrown into disarray and be made to feel anxious about the matter at hand and impact thereof – which can in turn allow for work performance to deteriorate and ultimately affect the image of the organisation.

In essence, although a crisis is often associated with challenges and negative implications, proper management of the same can minimise the impact it can have on an organisation. It is therefore crucial for those involved in the core team to remain calm, approach matters pragmatically and provide the necessary reassurance to their peers and staff as they manoeuvre through a crisis.